NBI files criminal raps vs. cops in Kian slay

The National Bureau of Investigation (NBI) on Thursday filed criminal raps with the Department of Justice (DOJ) against policemen linked to the killing of teenage student Kian Loyd Delos Santos in an anti-drug operation on August 16.

Facing complaints for murder, violation of domicile under Article 128 of the Revised Penal Code, and planting of evidence under Section 29 of the Comprehensive Dangerous Drugs Act of 2002 are Caloocan City police station 7 head Chief Inspector Amor Cerillo, and the three policemen in the operation, Police Officer 3 Arnel Oares, Police Officer 1 Jerwin Cruz, and Police Officer 1 Jeremias Pereda.

Separate complaints for murder and torture were earlier filed by Delos Santos' family, through the Public Attorney's Office, against the policemen also with the DOJ.

The complaints filed by Delos Santos' parents will soon undergo preliminary investigation where the respondents will be given a chance to air their side, which the prosecutors have to take into account when deciding whether to dismiss the complaints or press charges in court.

Policemen said they killed Delos Santos during an anti-illegal drug operation on August 16 in Barangay 160, Caloocan City after the teenager fired at them as he was escaping.

Delos Santos' family, however, claimed that CCTV footage would prove that the teenager could not have run away as he was being dragged away by policemen after his apprehension.

But the police said Delos Santos was a drug runner and that his father and uncles were into the illegal drug trade, an accusation that has since been denied by his family.

NBI findings

In seeking for the prosecution of the police officers, the government agents leaned on the results of their forensic examination on the crime scene as well as the separate examinations conducted by the Philippine National Police Crime Laboratory and the PAO on Delos Santos' body.

The NBI said based on the bullet trajectory, Delos Santos was shot while on a kneeling position while the perpetrator was standing or positioned at the left side of the Grade 12 student.

They also said it was impossible for Delos Santos to hide a .45 caliber pistol including two sachets of suspected shabu on his waist as he was wearing boxer shorts at the time.

"If indeed Kian was in possession of said firearm and sachets of shabu, then they should have easily noticed it when they accosted him in front of the drug store," the complaint stated.

"In the case at bar, PO3 Oares and his cohorts accosted the victim and afterwards dragged him towards Tullahan River and shot him without mercy. From the area where they accosted the victim, the crime scene was in an opposite direction from the police station which only proves that they have no intention in bringing the victim to their police office."

Citing the account of a female witness, the NBI said the policemen, through the tip of a certain Nono, searched the house of Delos Santos without a search warrant.

"These police officers went back at the drug store after said warrantless search and when Kian came by, Nono pointed at him and said police officers accosted Kian and searched him. Afterwards, these police officers dragged the victim and shot him near Tullahan River," the NBI said. —KBK/KVD/NB, GMA News